The Himachal Pradesh High Court has set aside a 2022 notification issued by the Union Ministry of Environment, Forest and Climate Change declaring 31.24 sq km around Col Sherjung National Park in Sirmaur district as an eco-sensitive zone (ESZ), holding that the process adopted by the authorities violated mandatory legal safeguards.
The decision came on a petition filed by 19 villagers residing within the proposed ESZ area who argued that the state government had failed to follow due procedure while recommending the notification. Upholding their plea, the High Court quashed the January 13, 2022, notification on April 16, observing that procedural safeguards prescribed under ESZ guidelines were mandatory and could not be ignored merely in the name of conservation.
The process to declare the area as an ESZ had begun in 2012. A draft notification was first issued by the Centre on December 9, 2015, laying down an elaborate framework for conservation and regulation in the proposed zone. The notification envisaged preparation of a zonal master plan, identification of boundaries and measures for protecting the region’s ecology and biodiversity.
However, the notification lapsed after the state government failed to undertake the stipulated measures within the prescribed timeframe. A fresh notification was issued in 2020, bringing several villages within its ambit. The proposal was later approved by an expert committee and formally notified by the Centre in January 2022.
The villagers challenged the notification on the ground that their inclusion in the ESZ was carried out without valid recommendations from competent authorities and without adherence to the mandatory consultative process. The HC agreed with the contention, terming the exercise legally flawed.
The ruling has once again brought into focus the delicate balance between environmental conservation and protection of local rights in ecologically fragile regions.
Eco-sensitive zones are buffer areas notified around protected forests and national parks to regulate human activity and reduce ecological stress on biodiversity-rich regions. They act as “shock absorbers” between highly protected ecosystems and areas with greater developmental activity.
The significance of the proposed ESZ around Col Sherjung National Park lies in the ecological richness of the region. The area represents a biologically diverse transition zone exhibiting ecological affinities with the Western Himalayas, Punjab plains and upper Gangetic plains.
Spread over 31.24 sq km, the region hosts nearly 100 species of birds commonly found in the Shiwaliks, including the maroon oriole and orange-headed thrush. It is also home to around 70 butterfly species, several tiger beetle varieties and mammals such as leopard, jungle cat, jackal, Himalayan palm civet and yellow-throated marten.
In recent years, the region has also emerged as a habitat for elephants, tigers and the king cobra, prompting the Centre to extend support under Project Elephant and Project Tiger.
Under ESZ guidelines, a zonal master plan is required to be prepared within two years in consultation with departments dealing with forests, environment, urban development, tourism, agriculture, revenue, irrigation and public works, among others. The framework seeks to ensure ecological protection while safeguarding local interests.
Importantly, the guidelines specify that existing land use and infrastructure of local residents should not be adversely affected. Conversion of agricultural land for residential needs of local inhabitants is permitted, while the focus remains on watershed management, conservation of water bodies, restoration of degraded areas and sustainable resource use.
At the same time, environmentally damaging activities such as mining, stone quarrying, polluting industries, saw mills and large commercial construction are to be regulated or restricted. Noise pollution, industrial effluents and solid waste disposal also fall under stricter scrutiny in ESZ areas.
While such restrictions may affect commercial interests linked to mining and other polluting activities, the safeguards built into the ESZ framework indicate that the objective is not displacement of local communities but regulated development.
With the HC setting aside the notification, attention now shifts to the Centre and the state government to evolve a legally sound framework that balances ecological conservation with the rights and concerns of local residents in this environmentally sensitive landscape.
